Madam, - Dr Neville Cox (Opinion, October 16th) argues that athletes should not lose medals for technical breaches of anti-doping codes. I disagree.
In the face of the increased and sophisticated use of performance-enhancing drugs, sports governing bodies have been forced to underpin their anti-doping policies with the principle of strict liability. It is a tough policy only because it has to be.
The use of banned performance-enhancing drugs is cheating, which is the antithesis of sport. Further, a Canadian investigation into the use of drugs in sport in 1990 noted that the use of performance enhancing drugs "erodes the ethical and moral values of athletes who use them, endangering their mental and physical welfare while demoralising the entire sport community".
It must be noted that the principle of strict liability has been upheld on numerous occasions by the Court of Arbitration for Sport. It has also been upheld in court cases across a varied number of jurisdictions. As far back as 1988, the English High Court held that the "strict liability" suspension of a professional athlete was not an unlawful and unreasonable restraint of trade. The judge in question went so far as to argue that without this policy the "floodgates would be opened and sport's attempts to prevent drug-taking by athletes would be rendered futile."
Admittedly, the administration of a policy of strict liability must begin with the rule-makers and rule-appliers being strict with themselves. Sports governing bodies should ensure that athletes and their coaches are fully informed and updated as to the severity of all aspects of the applicable anti-doping code (an implicit criticism by the CAS of the banning of the Romanian gymnast Andrea Raducan). If sports governing bodies discharge that function correctly, then the responsibility falls properly, if strictly, on athletes to ensure that they are not cheating.
It may seem old-fashioned, but the medal rostrum is supposed to be for the athlete who has best exploited his or her natural ability. A relaxation of the principle of strict liability could lead to a situation where victory goes to the athlete who exploits the best available legal and pharmaceutical advice.
Dr Cox is right to say that Olympic gold medals are precious - but the essential integrity of sport is altogether more valuable. - Yours, etc.,
JACK ANDERSON,
School of Law,
Queen's University,
Belfast 7.